Tenant Could Demolish Garden Center Without Owner's Consent

June 30, 2006

A lease required the tenant to get the owner's consent to “structural alterations, additions or changes” to the building. The tenant demolished a garden center adjacent to the building without the owner's consent. So the owner sued the tenant for violating its lease. The tenant asked the court to dismiss the lawsuit, arguing that it didn't need the owner's consent to demolish the garden center. The court dismissed the lawsuit, and the owner appealed.

A lease required the tenant to get the owner's consent to “structural alterations, additions or changes” to the building. The tenant demolished a garden center adjacent to the building without the owner's consent. So the owner sued the tenant for violating its lease. The tenant asked the court to dismiss the lawsuit, arguing that it didn't need the owner's consent to demolish the garden center. The court dismissed the lawsuit, and the owner appealed.

A North Carolina appeals court refused to reinstate the lawsuit, ruling that the tenant could demolish the garden center without the owner's consent. The court noted that the tenant needed the owner's consent to alterations made only to the building. Although “building” isn't defined in the lease, its language indicates that the term refers to the enclosed building, the court explained. So the garden shop, which was adjacent to the enclosed building, wasn't part of the building and could be demolished by the tenant without the owner's consent.

  • Kroger LP I v. Guastello: No. COA05-661, 2006 N.C. App. LEXIS 967 (N.C. Ct. App. 5/2/06).

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